The Biggest "Myths" About Cerebral Palsy Litigation Could Actually Be True

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. A typical family will require upwards of $1 million to cover a lifetime of medical expenses related to cerebral palsy.

While every case is unique, most cerebral palsy lawsuits follow the same steps. A lawyer can review your claim during a free consultation.

Statute of Limitations

Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur numerous medical costs. This could include everything from therapy to special equipment. In the most severe cases, a child with cerebral palsy could require round-the-clock or part-time treatment. In some cases, compensation may help to cover the costs.

A cerebral palsy lawsuit can be a complicated legal procedure and it is crucial to be aware of your state's laws regarding medical malpractice claims. Many states have statutes that restrict the time that you can bring a lawsuit following an unconstitutional event. If you fail to meet this deadline the court could dismiss your claim.

Although the laws of each state vary slightly in their laws, all states allow citizens to file personal injury lawsuits, which include those related to medical malpractice. You should contact a lawyer for cerebral palsy law firm palsy whenever you suspect that a medical professional or facility has caused your child's CP.

Kansas, for example allows two years to pass from the date of the error. Kentucky is one of the stricter states in these types of cases and provides citizens with a year to discover the harm.

Gathering Evidence

Physical and occupational therapy is frequently needed for patients suffering from cerebral palsy. Parents might have modify their homes or purchase special equipment, such as wheelchairs. These costs are usually expensive, and a lawsuit can assist the family to receive compensation to pay the medical bills and enhance the quality of life for their child.

A medical malpractice lawsuit is typically dependent on whether a physician's actions or decisions fell short of the standards of care required under the circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infant records as well as other evidence to determine whether the CP symptoms could have been prevented with better medical care.

Your attorney will also speak to your child's physicians and other health care professionals regarding the treatment your child receives, as well as the CP symptoms. They will analyze the evidence and prepare the case for trial. This may include getting expert witness testimony in support of your claims and contesting defense arguments.

If the medical experts are of the opinion that your child's CP was the result of medical negligence the lawyer will file a civil lawsuit with your local court. Depending on your state's laws and regulations, you may have an amount of time to make a claim. Your attorney will explain these rules. If you fail to file your claim within the timeframe of the statute of limitations, your claim will be dismissed.

Case Filing

If a medical lapse during childbirth, pregnancy or in the initial few weeks after birth caused your child to develop cerebral palsy you may be able start a lawsuit and claim compensation for the damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses including ongoing care and treatment costs.

An experienced attorney will analyze your case and determine whether you have a legitimate claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your claim. This may include imaging scans, medical records from both the mother and child, statements from those who witnessed your child's birthing process, and other relevant evidence. After the required evidence has been gathered, cerebral palsy lawsuits your attorney will formally submit your lawsuit to the court. You will be the plaintiff, and the doctor or hospital that caused the injury to your child will be the defendant.

Your cerebral palsy issue could be resolved in a couple of months if the defendant accepts responsibility. However, if the defendants contest liability or the injuries sustained by your child are serious it could be necessary to go through trial. During the trial your lawyer will present all the evidence in your case to a judge or jury who will issue a verdict determining the extent of liability and a fair amount of compensation for the loss of your child.

Trial

After your lawyer has gathered all the information needed after which they will begin filing your case. They will send the defendants a demand note asking them to pay your family and yourself for any damages related to medical negligence. The defendants will have an amount of time to respond, normally around 30 days.

Discovery is the next phase of the legal procedure. Both sides will prepare documents to prove their side. Your lawyer will work closely with experts and witnesses to gather additional evidence for your case. After this phase the court will schedule a pre-trial conferences to discuss the case.

Many cases of medical malpractice are resolved by settlement agreements, rather than the trial verdict. This is a better option for both parties because it is faster and less expensive. Your lawyer will do everything possible to assist you in reaching an acceptable settlement amount. This amount should include your child's expenses over the long term as well as losses.

Many families of children with CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help families rethink themselves and move forward with confidence. It can also raise awareness for other families that may be going through similar situations.